TMI Blog2011 (5) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... voice saying, You are indulging in gangism. You are passing orders of your choice. The contempt can not harm me. I will see to it as to how you remain in service. The role and status of lawyers at the beginning of Sovereign and Democratic India is accounted as extremely vital in deciding that the Nation's administration was to be governed by the Rule of Law. They were considered intellectuals amongst the elites of the country and social activists amongst the downtrodden. The role of lawyers in the framing of the Constitution needs no special mention. In a profession with such a vivid history it is regretful, to say the least, to witness instances of the nature of the present kind. Lawyers are the officers of the Court in the administration of justice. HELD THAT:- Considering the plea made by Mr. Ram Jethmalani, learned senior counsel and President of the Supreme Court Bar Association, in tendering unconditional apology, recorded even at the initial stage before the High Court and before the Magistrate, Faridabad before whom the unwanted incident had occurred and the present affidavits filed before us once again expressing unconditional apology and regret with an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the Act )and sentenced them to various terms of simple imprisonment and fine. Feeling aggrieved by the order of conviction and sentence, one Surinder Sharma has filed Crl. A. No. 1206 of 2004. Since the issue in all these appeals is common and relate to one incident, they are being disposed of by the following judgment. 2) Brief facts: (a) The District and Sessions Judge, Faridabad, by his letter dated 16.09.1999, addressed to the Registrar, High Court of Punjab Haryana, forwarded Letter No. 376 dated 14.09.1999 written by Shri Rakesh Singh, Civil Judge (Junior Division- cum-Judicial Magistrate, Ist Class) Faridabad which was addressed to him. In the said letter, the Judicial Magistrate has stated that on 11.09.1999 at about 3 p.m., when he was dealing with the remand of accused Soran in FIR No. 136 dated 13.06.1999, under Sections 393/452/506/34 of the Indian Penal Code (hereinafter referred to as the IPC ) pertaining to Police Station Chhainsa, the Assistant Public Prosecutor requested him for remanding the accused to police custody. By that time, Mr. L.N. Prashar, Advocate, one of the contemnors/appellants herein, who represented the accused, opposed the request of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wspaper. (f) Based on the letter of the District Sessions Judge as well as letter of the Judicial Magistrate, Faridabad, the High Court took the matter by suo motu and initiated contempt proceedings against the contemnors under Section 2(c) of the Act relating to the incident which took place on 11.09.1999 in the Court of Shri Rakesh Singh, Civil Judge, Faridabad for taking appropriate action. 3) Before the High Court, the respective contemnors/advocates filed affidavits highlighting the circumstances under which the unfortunate incident occurred and by filing separate affidavits they tendered unconditional apology and also regretted for the same. On direction by the High Court, all of them appeared before the Magistrate concerned and expressed their regret and also tendered unconditional apology. The Division Bench, taking note of seriousness of the issue and finding that the reference made by the Magistrate is based upon correct facts and overall conduct of the contemnors found all of them guilty of criminal contempt within the meaning of Section 2(c) of the Act and imposed simple imprisonment of six months/three months with a fine of ₹ 1,000-2,000/- each. As state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther remand paper of the same accused, Mr. Prashar, again became furious and uttered that: You dismiss this bail application. I have no faith in your Court. I am not going to furnish any bail bonds. There is no need for us to have any bail from your Court. 8) At that stage, the Magistrate asked his Reader to call the Chief Judicial Magistrate, Faridabad so that the situation could be brought under control. On this, Mr. Prashar remarked: What can your CJM do. You may call him as well. We will see your CJM also. You are indulging in big gangism. 9) Thereafter, the Magistrate requested Mr. O.P. Sharma, Advocate, who is a senior member of the Bar, to request Mr. Prashar to behave properly in the Court. However, Mr. O.P. Sharma, Advocate, sided with Mr. Prashar and shouted. We will do like this only. Lock his Court and raise slogans against him.... On the asking of Shri O.P. Sharma, Advocate, other Advocates accompanying him raised slogans, RAKESH SINGH MURDABAD, RAKESH SINGH MURDABAD..... ..... He was also threatened by saying you come out. We will see your gangism. 10) When all the officers were sitting in the chamber of the Magistrate, they over-heard Mr. Pra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m resorting to sharp or unfair practices or from doing anything in relation to the court, opposing counsel or parties which the advocates himself ought not to do. An advocate shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a mere mouth-piece of the client, and shall exercise his own judgement in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language during arguments in court. 5. An advocate shall appear in court at all times only in the prescribed dress, and his appearance shall always be presentable. 6. An advocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law. For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above mentioned relation of the Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lram Prasad Sharma, (2000) 7 SCC 264, this Court held as under: In our country, admittedly, a social duty is cast upon the legal profession to show the people beckon (sic beacon) light by their conduct and actions. The poor, uneducated and exploited mass of the people need a helping hand from the legal profession, admittedly, acknowledged as a most respectable profession. No effort should be made or allowed to be made by which a litigant could be deprived of his rights, statutory as well as constitutional, by an advocate only on account of the exalted position conferred upon him under the judicial system prevalent in the country........ 16) In Mahabir Prasad Singh vs. Jacks Aviation Pvt. Ltd., (1999) 1 SCC 37, this Court held that it is the solemn duty of every Court to proceed with judicial function during Court hours and no Court should yield to pressure tactics or boycott calls or any kind of browbeating. The Bench as well as the Bar has to avoid unwarranted situations or trivial issues that hamper the cause of justice and are in the interest of none. 17) In the case of Ajay Kumar Pandey, Advocate, In Re: , (1998) 7 SCC 248, the advocate was charged of criminal contem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, therefore, is one of the basic conditions for the progress of advocacy and for the development of every man including legal fraternity practising the profession of law. Freedom of expression, therefore, is vital to the maintenance of free society. It is essential to the rule of law and liberty of the citizens. The advocate or the party appearing in person, therefore, is given liberty of expression. But they equally owe countervailing duty to maintain dignity, decorum and order in the court proceedings or judicial processes. Any adverse opinion about the judiciary should only be expressed in a detached manner and respectful language. The liberty of free expression is not to be confounded or confused with licence to make unfounded allegations against any institution, much less the judiciary [vide D.C. Saxena vs. The Hon'ble Chief Justice of India, (1996) 5 SCC 216]. 20) In the matter of In re: Vinay Chandra Mishra (the alleged contemner), (1995) 2 SCC 534, the contemner who was a senior advocate, President of the Bar and Chairman of the Bar Council of India, on being questioned by the Judge started to shout and said that no question could have been put to him and that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disciplinary proceedings against him and even punished him for professional misconduct , on the basis of his having been found guilty of committing contempt of court. We do not entertain any doubt that the Bar Council of the State or Bar Council of India, as the case may be, when apprised of the established contumacious conduct of an advocate by the High Court or by this Court, would rise to the occasion, and taken appropriate action against such an advocate. Under Article 144 of the Constitution all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. The Bar Council which performs a public duty and is charged with the obligation to protect the dignity of the profession and maintain professional standards and etiquette is also obliged to act in aid of the Supreme Court . It must, whenever, facts warrant rise to the occasion and discharge its duties uninfluenced by the position of the contemner advocate. It must act in accordance with the prescribed procedure, whenever its attention is drawn by this Court to the contumacious and unbecoming conduct of an advocate which has the tendency to interfere with due administration of justice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al independence has to be protected not only from the executive or the legislature but also from those who are an integral part of the system. 23) In the case of L.D. Jaikwal v. State of Uttar Pradesh, (1984) 3 SCC 405, it was held by this Court that acceptance of an apology from a contemnor should only be a matter of exception and not that of a rule and expressed its opinion as under: 6. We do not think that merely because the appellant has tendered his apology we should set aside the sentence and allow him to go unpunished. Otherwise, all that a person wanting to intimidate a Judge by making the grossest imputations against him to do, is to go ahead and scandalize him, and later on tender a formal empty apology which costs him practically nothing. If such an apology were to be accepted, as a rule, and not as an exception, we would in fact be virtually issuing a 'licence' to scandalize courts and commit contempt of court with impunity. It will be rather difficult to persuade members of the Bar, who care for their self-respect, to join the judiciary if they are expected to pay such a price for it. And no sitting Judge will feel free to decide any matter as per the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tegral part of the same mechanism which administers justice to the people. Many members of the Bench are drawn from the Bar and their past association is a source of inspiration and pride to them. It ought to be a matter of equal pride to the Bar. It is unquestionably true that courtesy breeds courtesy and just as charity has to begin at home, courtesy must begin with the Judge. A discourteous Judge is like an ill-tuned instrument in the setting of a courtroom. But members of the Bar will do well to remember that such flagrant violations of professional ethics and cultured conduct will only result in the ultimate destruction of a system without which no democracy can survive. 25) In Lalit Mohan Das vs. Advocate General, Orissa Another, AIR 1957 SC 250, this Court observed as under: A member of the Bar undoubtedly owes a duty to his client and must place before the Court all that can fairly and reasonably be submitted on behalf of his client. He may even submit that a particular order is not correct and may ask for a review of that order. At the same time, a member of the Bar is an officer of the Court and owes a duty to the Court in which he is appearing. He must uphold th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thing which would undermine the dignity and prestige of the institution. 3. That the deponent hereby tenders unconditional apology before this Hon'ble Court for the incident which took place in the Courts at Faridabad out of which this contempt proceedings arise and further undertake to maintain a good behaviour in future. 4. That at the first available opportunity the unconditional apology and undertaking for maintaining good behaviour was filed before the Ld. Magistrate. Sd/- Deponent VERIFICATION I the abovenamed deponent do hereby verify that the contents of the above affidavit are true to the best of my knowledge. Verified at New Delhi on this 28th Day of April, 2011. Sd/- Deponent Similar affidavits have been filed by other appellants reiterating what they had stated before the High Court and the Magistrate concerned tendering unconditional apology for the incident which took place in the Court at Faridabad. They also assured this Court that they would maintain good behaviour in future. Though sub-Section 1 of Section 12 of the Act enables the court to award simple imprisonment for a term which may extend to six months, proviso empowers the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ensure that the public justice system is enabled to function at its full potential. Any violation of the principles of professional ethics by an advocate is unfortunate and unacceptable. Ignoring even a minor violation/misconduct militates against the fundamental foundation of the public justice system. An advocate should be dignified in his dealings to the Court, to his fellow lawyers and to the litigants. He should have integrity in abundance and should never do anything that erodes his credibility. An advocate has a duty to enlighten and encourage the juniors in the profession. An ideal advocate should believe that the legal profession has an element of service also and associates with legal service activities. Most importantly, he should faithfully abide by the standards of professional conduct and etiquette prescribed by the Bar Council of India in Chapter II, Part VI of the Bar Council of India Rules. 32) As a rule, an Advocate being a member of the legal profession has a social duty to show the people a beacon of light by his conduct and actions rather than being adamant on an unwarranted and uncalled for issue. 33) We hope and trust that the entire legal fraternity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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